Orissa

Rayagada

CC/319/2015

Sri Rabi Prasad Mohapatra - Complainant(s)

Versus

Proprietor m/s Barsha Saree House - Opp.Party(s)

Self

20 Feb 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, RAYAGADA

C.C. Case  No.319/ 2015.

                                               

P R E S E N T .

Sri Pradeep Kumar Dash, LL.B        ,                            President.

Smt.Ch.Nirmala Kumari Raju, LLB,                                 Member

 

Sri  Rabi Prasad Mohapatra,S/o late Chaitanya Mohapatra, Bhrahmin Street, Po/Ps/Dist.Rayagada.                                                                                                                                                          ……….Complainant

                                      Versus

          M/s Barsha Saree House, Gandhi Nagar,3^rd Lane,Po/Ps/Dist.Rayagada.                                                                        ………Opp.Party

 For the complainant : In person

 For the Opp.Party: Sri V.R.M.Patnaik,Advocate,Rayagada.

JUDGMENT

                   The gist of the complaint   is that  complainant has purchased 35  pieces of sarees worth of Rs.11,670/- from the O.p on dt.18.06.15 which the O.p assured to be of good quality and  incase of damage or defective sarees found, the same will be exchanged. Accordingly the complainant paid the bill amount of Rs.11,670/- and obtained hand written bill from the O.P. Thereafter the sarees were distributed among the friends and relatives of the complainant  but unfortunately after a day or two several complaints were received from them that the sarees were lying with many  effects and also of poor quality which were not up to the mark. After some days the complainant went to the shop of the O.p with two  defective sarees  for exchange  but out of two sarees the O.p allowed to exchange one saree  and denied to exchange another defective saree with an allegation that the said saree was damaged by the complainant itself which was not at all true and the O.p ;misbehaved  the complainant. The act of the O.p put the complainant to harassment and humiliation which caused mental agony  and loss of images and reputation for which he his entitled for compensation. Hence prayed to direct the O.p to pay an amount of Rs.5000/- towards the cost of the defective sarees and pay compensation of Rs.20,000/- towards mental agony and Rs.3000/- towards cost of litigation and such other reliefs the forum deem  fit and proper.         

                   Being noticed, the Opp.Party  appeared  through his advocate and  files written version. It is submitted by the Opp.Party that  the complainant  has purchased 35 pieces of sarees  worth of Rs.11,670/-  on 18.6.15  and the O.p allowed 25 % discount on the total cost of 35 sarees and issued hand written bill for Rs.11,670/-  and the complainant has paid an amount of Rs.11,500/-  and did not pay the balance amount of Rs.170/-  and he assured  to pay the amount later.  The Opp.Party assured the complainant to exchange  if any damage or defective found in the saree. The complainant’s wife brought  two sarees  for exchange since they are defective one and the O.p exchanged the defective saree with a good quality saree and requested to pay the balance amount of aRs.170/- .  The Opp.Party did not replace the  another saree because of the reason the complainant did not pay him the balance amount of aRs.170/- . The allegation made by the complainant is false and fabricated one and has no merit in the allegations made by the complainant and as such the same is not maintainable and liable to be dismissed.

                                                  FINDINGS

                   We perused the complaint petition and written version filed by the O.P  and heard argument from both the parties. It is  the case of the complainant hat he has purchased some sarees from the O.ps  out of which some sarees were found defective to which the O.p refused to exchange and in reply the Opp.Party  argued that as the complainant had to pay Rs.170/- and  he did not pay the same he exchanged one saree and denied to exchange the another saree. We verified the bill  which was issued by the Opp.Party to the complainant  and found that the Opp.Party has charged Rs.11,670/- for 35 sarees but has not mentioned  in the bill that the complainant has paid Rs.11,500/- and Rs.170/- is due against the  complainant. Now the Opp.Party raising  non payment of Rs.170/- but the O.p  has not filed any documents in this regard and we are inclined to believe the mere allegations of the Opp.Party  without any evidence. It is admitted by the Opp.Party that the wife of the complainant has come to his shop for exchange of defective saree and due to non payment of Rs.170/- he denied to exchange one saree which established the case of the complainant against the Opp.Party. The Opp.Party has not filed a single piece of document to substantiate  his case. Hence, we believed the contentions alleged against the O.p and  allowed the complainant in part against the O.p and passed the order.

                                                   ORDER

                   The  Opp.Party is  directed to  exchange the defective saree without any extra charges and   for harassment  and mental agony undergone by the complainant  the Opp.Party is liable to pay Rs.8000/- towards compensation and cost of litigation of Rs.1500/- to be paid to the complainant within one month from the date of receipt of this order, failing which the O.P 1 & 2  are   liable to pay penal interest  @  12%  p.a. on the above awarded  amount till its realization. 

                   Pronounced in open forum today on this 18^th day of November, 2015under the seal and signature of this forum.

                   Supply the copy of order free of cost to the parties.

 

Member                                                                           President

          Documents relied upon:

          By the complainant: 

1.Copy of hand written bill                                                                                  

By the Opp.Parties: Nil                                                                  President